K.Ahmed Jalaaluddeen v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.12.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN Crl.O.P.No.30330 of 2022 and Crl.M.P.No.18601 of 2022 K.Ahmed Jalaaluddeen ...

Petitioner Vs.

1.The Inspector of Police, Sathuvacheri Police Station, Vellore, Tamil Nadu - 632009.

2.Gayathri Priya ...

Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records relating to the proceedings in Crime No.530 of 2019 on the file of the 1st respondent, Sathuvacheri police station, Vellore District and quash the same.

For Petitioner : Mr. M.Sneha For 1st Respondent : Mr.S.Santhosh Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition is filed to call for the records relating to the proceedings in Crime No.530 of 2019, on the file of the 1st respondent, 1/4

Sathuvacheri police station, Vellore District and quash the same. 2.When the matter is taken up, the learned counsel for the petitioner submitted that the petitioner and the defacto complainant/second respondent are husband and wife. They resolved the dispute between them and reached compromise. In terms of the compromise, the defacto complainant/second respondent does not want to prosecute this case and she has no objection for quashing the proceedings against the petitioner. 3.The learned Government Advocate (Crl.Side) appearing for the first respondent submitted that the parties have reached compromise and there is no issue with regard to the identification of the parties. 4.This case is registered in Crime No. 530 of 2019, on 21.11.

2019, for the offences under Sections 294(b), 352, 506 (1) IPC & Section 4 of the TN Prohibition of Harassment of Women Act, 2002, on the file of the respondent police. The petitioner and defacto complainant/second respondent are husband and wife. They have resolved their dispute and now living in the same house. Both the petitioner and the defacto complainant/second respondent are present and they have filed a joint memo of compromise.

defacto complainant/second respondent reiterated that they resolved the dispute and she has no objection for quashing the proceedings against the petitioner.

5.Taking into consideration of the facts that the dispute being resolved, the defacto complainant/second respondent's willingness to not press the complaint and her no objection for quashing of the proceedings against the petitioner, this Court is inclined to quash the proceedings against the petitioner in Crime No.530 of 2019, on the file of the 1st respondent, Sathuvacheri police station, Vellore District. 6.Accordingly, this Criminal Original Petition is allowed. The case in Cr.No.530 of 2019 is quashed. Consequently, connected miscellaneous petition is also closed. The joint memo of compromise shall form part of this order.

08.12.2022 sli Internet:Yes/No Index:Yes/No Speaking/Non speaking order 3/4

G.CHANDRASEKHARAN, J.

sli To:

1.The Inspector of Police, Sathuvacheri Police Station, Vellore, Tamil Nadu - 632009.

2.The Public Prosecutor, High Court of Madras.

Crl.O.P. No.30330 of 2022 08.12.2022 4/4